Compensation Awarded for Excessive Force in Arrest: Barry v State of NSW

Arrested man in handcuffsAboriginal man forcefully arrested after not stopping for RBT

Barry is an Aboriginal man who is known to police because of his family. In August 2017, a Senior Constable of the NSW Police and another officer followed Barry to his house after failing to stop for an RBT. He was arrested by police in his driveway and charged with:

  • resisting arrest,
  • driving without licence
  • and failure to comply with a request to stop.

Barry, in fact, did have a Learners permit and a licenced adult was in the car with him.

Police used excessive force in arresting Barry. They used capsicum spray, pushing him to the ground and handcuffing him before taking him to the police station.

The local court magistrate found that the arrest was not justified under s99 of Law Enforcement (Powers and Responsibilities) Act 2002 (NSW).

Aboriginal man sues NSW Police for assault and malicious prosecution

Barry filed a claim for assault, battery and malicious prosecution in the civil jurisdiction of the NSW District Court.

We negotiated with the representative of the State of NSW where Barry was awarded a significant sum of compensation and the costs of his legal affairs were paid for.

O’Brien Criminal and Civil Solicitors are able to pursue your possible claim anywhere in Australia. Please don’t hesitate to contact us today on 02 9261 4281 or by email at


O’Brien Criminal & Civil Solicitors
p: 02 9261 4281
a: Level 4, 219-223 Castlereagh St,
Sydney NSW 2000

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